Search court decisions

…His complaint clearly is that the hearing of the case against him will not be within a reasonable time, and also that he shall not be afforded a fair hearing.…

…The applicant contends that two of those prerequisites exist in his case, i.e no hearing within a reasonable time, secondly not a fair hearing in the sense stated above.…

…COURT OF KENYA AT NAIROBI CIVIL CASE NO 772 OF 1984 AURORA BAKING COMPANY (1975) LTD………………PLAINTIFF/APPLICANT AND PHENNTHA WANINGI AND 3 OTHERS………….DEFENDANTS/RESPONDENTS RULING By an order of this court dated 19.11.84 the hearing…

…should have gone to the Deputy Registrar of this court in regard to the plaintiff/applicant’s application file din this court on 13.11.84 when by the order of this court dated 19.11.84 the said application was coming up for hearing…

…Following interpartes hearing of that injunction application interlocutory injunction was issued on 17th September 2003 pending the determination of this suit.…

…Once that injunction was granted the plaintiff took no action either in undertaking discovery or in setting down the suit for hearing.…

…On 20/09/2011 all parties agreed on hearing dates for the Petition and hearings would start at 10 a.m. and continue until 5 p.m., end of business hours.…

…Records will show that on any day that this Petition was listed for hearing the court would remove from the hearing list all murder trials listed to be heard on those days.…

…XVI Rule 5 of the Civil Procedure Rules, on the ground that the plaintiff had since the close of the pleadings taken no steps in the matter to set down the suit for hearing.…

…XVI Rule 5 are restated:- “If within three months after: - (a) the close of the pleadings … the plaintiff does not set down the suit for hearing, the defendant may either set the suit down for hearing or apply for its dismissal…

…That the first Defendant be restrained by itself, its agents or servants from appointing the second Defendant, Thorncliff Limited as its Agent in Kenya pending the hearing and determination of this application. 3.…

…That the first Defendant be restrained by itself, its agents or servants from appointing the second Defendant, Thorncliff Limited, as its Agent in Kenya pending hearing and determination of this suit. 6.…

…The applicant seek an order of the court to transfer Nairobi CMCCC No. 8792 of 2007 (Milimani) to Mombasa Chief Magistrate’s Court for hearing and disposal thereof.…

…At the hearing of the application, I heard rival submissions made by Mr. Wena on behalf of the applicant and by Mr. Gachuhi for the respondent. I have carefully considered the said submissions made.…

…The hearing of the action was begun on December , 1985 when the plaintiff gave evidence, and the case for the plaintiff was closed.…

…The hearing was resumed on Tuesday October 28, 1986 when the defendant called one witness and the case for the defendant was closed.…

…No.209/10482/75 pending the hearing and determination of this suit.”…

…I caution myself that I am not hearing this case. I am not therefore required to determine with conclusiveness the rights and duties of the parties.…

…When the case came up for hearing on the 25th January 1984 the advocates for all the parties had agreed on the quotum of damages and hence the following consent order was recorded by this court.…

…Liability as between the defendants to proceed to hearing.” The court then proceeded to hearing evidence on how this accident occurred.…

…The case was then fixed for hearing on court No 10 on the May 27, 1982.…

…When the case came up for hearing on May 27, 1982 before the learned Resident Magistrate the following is what was recorded to have taken place: “Prosecutor: I am instructed to withdraw this case under section 87 (a) CPC.…

…As the defendant was not presented at the hearing of this application, there will be no orders as to costs. There will be orders accordingly. T Mbaluto, Judge…

…It seeks an order to stay proceedings herein pending the hearing and determination of the Plaintiffs appeal already filed in the Court of Appeal CIVIL APPEAL NO. 36 OF 2007, against the decision of this Court dated 27th November…

…01.08.2006 to strike out this suit and the same was never served upon the Plaintiffs until 08.01.2007(five(5) months after filing and almost two(2) months after the Ruling of 27.11.2006 which application is now fixed for hearing…

…It seeks an order to stay proceedings herein pending the hearing and determination of the Plaintiffs appeal already filed in the Court of Appeal CIVIL APPEAL NO. 36 OF 2007, against the decision of this Court dated 27th November…

…01.08.2006 to strike out this suit and the same was never served upon the Plaintiffs until 08.01.2007(five(5) months after filing and almost two(2) months after the Ruling of 27.11.2006 which application is now fixed for hearing…

…Wachira (Mrs)) for hearing on 12th January 2000, 13th February, 2000, 14th March, 2000, 20th April, 2000, and 11th July 2000 when the parties and their witnesses testified.…

…The appeal was placed before this court for hearing on 23rd September, 2002. When counsel for both parties appeared and submitted thereon.…

…The Respondent’s Advocate did not attend court despite service with the hearing notice.…

…The Defendant’s Advocate did not appear for the hearing of the application. The Court of Appeal held: “(2).…

…The Preliminary Objection was determined apriory and was dismissed by a Ruling of this court dated 24th May 2012 thus paving a way for the hearing of this application. 4.…

…These issues are triable and would well be canvassed at a hearing. vi.…

…For that reason at the reading of this ruling and to ensure that justice is met on behalf of the 1st and 2nd defendant the court will give a hearing date for the notice to motion dated 27th of July 2006.…

…Like the overt act in paragraph 5(a) Mr Raballa in his address to us at the hearing of this appeal did not specifically mention paragraph 5(e) of the overt acts, but the prosecution did call witnesses in support of such overt…

…A trial within a trial took place during the hearing of this case before the Court Martial since the accused retracted the inquiry statement it was said he had made to Chief Inspector Antony Nzuki (PW 8).…